AW
Ahmed W

1 reviews | Active since Jan 2013

02 Apr 2019, 15:29

Refusal to uphold policy

In 2015 I was sold a Top Up insurance product by BMW Auto Atlantic. The F&I rep assured me that everything above the retail value would be covered in the event of a total loss. I was assured that the product I am buying and would be paying a monthly premium for would cover everything that the primary insurance did not, including my excess. This was everything over and above the retail value of the car.

I am now in the unfortunate position where I require the cover I paid for and was assured of. BUT PinnAfrica has other ideas.

First i was told that they would not be paying about R13 000 due to about R10 000 in early settlement fees. When I produced evidence in writing from BMW that there was R0 early settlement fees. i received no apologies or explanation as to how they got to the "early settlement" calculation.

This was clearly false and an attempt de***** me .

They then did a recalculation (keep in mind nothing changed on the finance house side, the primary insurance side or my side) with god knows what numbers. Even if they used legitimate numbers, where did they find the numbers to do the initial calculation with???

Any way, teh recalculation was done and they came back refusing to pay around R2800 because this is considered as Collection and Legal costs. I contacted BMW financial services and they have no clue what PinnAfrica is talking about.

PinnAfrica clearly sold me a product verbally that they had no intention of upholding and they have now shown a history and a tendency to fabricate calculations to their advantage.

Do not engage with this company as they will leave you in a position that you potentially could not recover from.

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Replies (3)
Pinnafrica
Pinnafrica's reply02 Apr 2019, 20:34
Official
As discussed we have processed and paid the claim as per the policy terms and conditions accepted. We have sent you the signed record of advice as well as the signed policy application where the terms and conditions were accepted. PinnAfrica is the Underwriting Manager and Administrator, we had no involvement of the actual sale of the poilcy. 

It is within your right to approach the Ombudsman for a fair review and ruling. We note that we have not lost an Ombudsman case in the last 15+ years as we pay according to the policy accepted. 

Please understand that spreading false information is considered deformation and has legal consequences.
AW
Ahmed W's update02 Apr 2019, 21:48
Reviewer Update
Firstly none of the above is false. Secondly, the signed record of advice confirms what I was telling you... so based on this you still declining to fulfill the claim as we agreed. Record of advise is not evidence of accepting terms and confusions. It’s states clearly that the policy was explained. What was explained was that you would pay out everything over and above the retail value of the claim. That is verbatim what was explained to me and that is what I signed for in the record of advice. The policy application has no mention of the fact that you will fabricate costs and charges that you are not liable for, so that you may benefit and prejudice the customer. Your policy wording that you keeping threatening me with, is ******* in its existence as the exclusions are hidden in your definitions. CPA: consumers right to disclosure of informatio “Right to information in plain and understandable language” This is clearly not the case when it comes to your contract. I did not recieve a follow up call to ask if I understood. The exclusions were not separated and bolded and hidden within a definition, within a long convoluted sentence. The exclusion in question is not even part of your contract, as there was R0 early termination fees. Your policy wording is in clear violation of section 22.2.c of the act... “For the purposes of this Act, a notice, document or visual representation is in plain language if it is reasonable to conclude that an ordinary consumer of the class of persons for whom the notice, document or visual representation is intended, with average literacy s****s and minimal experience as a consumer of the relevant goods or services, could be expected to understand the content, significance and import of the notice, document or visual representation without undue effort, having regard to - “ “the vocabulary, usage and sentence structure of the notice, document or visual representation;” I will go to the ombudsman and we will discuss the mater there... but this will be publicized every step of the way. I will ensure all email correspondence from you where you fabricate “early termination fees” and subsequently fabricated “collection/legal fees” are posted on Facebook, Twitter and Hello Peter in the morning. The public have been deceived for far too long and the consumer commission needs to step up now to protect us. I know that Carte Blanch has a particular interest in how these things impact consumers and they will assist me in getting the message to the public regarding your fabricated calculations. I am convinced that due to your proven tendnacy to fabricate evidence that I, and more importantly the South African consumer, will win this battle against as the purpose of the act defines you; “unconscionable, unfair, unreasonable, unjust or otherwise improper trade practices”
Pinnafrica
Pinnafrica's reply03 Apr 2019, 08:16
Official
 We have provided you with all the facts and documents required. We will have no further communication on this matter, we shall await the Ombudsman notification.